1. Overview and Basic Definitions
1.1. This Agreement governs the commercial relationship between Prime XBT Trading Services Ltd, a company incorporated and existing under the laws of the Republic of the Marshall Islands.
PrimeXBT, referred to as “PrimeXBT”, “the Company”, “we”, “us”, “our”, is a company registered under the name RMI with Registration No. 120813. Its registered office is located at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960. The term “Client(s)”, “you”, “your”, “yourself” refers to any individual or legal entity, along with their authorised representative(s), who has registered for an Account with PrimeXBT and has agreed to the terms and conditions during the registration process.
1.2. PrimexBT does not allow users from the United States, United States Minor Outlying Islands, American Samoa, Japan, Saint Vincent and the Grenadines, Canada, Cuba, Algeria, Ecuador, Iran, Syria, Myanmar, North Korea, Sudan, Russian Federation, the Republic of Cyprus, or any countries or territories where its operations are regulated or require specific licencing, authorization, or supervision by a regulatory body or competent authority. It is imperative that you follow and abide by the laws of your country of residence. You will be held accountable for any negative consequences that arise from using the PrimexBT services and products in your country. If you travel to any of these countries, you recognise that certain or all of our services may not be accessible and/or restricted while you are there.
1.3. By agreeing to these Terms, you affirm that you have personally and independently contacted PrimeXBT to seek additional information in order to evaluate the potential of utilising PrimeXBT’s services.
Moreover, you affirm and confirm that neither PrimeXBT nor any other entity has made contact with you or requested your participation in opening a trading account with PrimeXBT and/or urged you to do so.
1.4. By accessing the PrimeXBT Website and/or creating a Client Account, you confirm that you have read, understood, and accepted the Terms and Conditions outlined in this Agreement. Upon acceptance and subject to our final approval, you enter into a legally binding contract with PrimeXBT.
1.5. Your acceptance of this Agreement signifies your absolute agreement to adhere to the Terms and Conditions mentioned here, along with its annexes, appendices, and any other related documentation or information on the PrimeXBT Website. This includes, but is not limited to, the Privacy Policy, Cookie Policy, Risk Disclosures, and statements regarding Restricted Jurisdictions, along with any notices, warnings, and disclaimers, forming an integral part of this Agreement.
1.6. You recognize that PrimeXBT’s services may be subject to different regulations worldwide. You bear the sole responsibility to ensure that your use of these services complies with laws, regulations, or directives applicable in your country of domicile or permanent residence.
1.7. The PrimeXBT Website is operated by Prime Technology Ltd, a Seychelles-registered company (No. 217308) located at Global Gateway 8, Rue de la Perle, Mahe, Seychelles. Prime Technology Ltd is the technology provider for PrimeXBT.
1.8. Access to the Website and PrimeXBT Services does not imply the legality of these services under the laws or regulations of your domicile or country of residence. Subject to this Agreement, PrimeXBT offers services only to clients not residing in Restricted Jurisdictions.
1.9. PrimeXBT may modify this Agreement at its discretion. Changes may not always be communicated directly to Clients. It is your responsibility to regularly review the Website to ensure compliance and agreement with the current version of the Agreement.
1.10. By accepting this Agreement, you acknowledge and agree to the following:
1.10.1. You are fully aware of the risks involved in trading Leveraged Products, Virtual Currencies, their Derivatives, and related transactions.
1.10.2. You accept all risks associated with the use of PrimeXBT Services involving these products and transactions.
1.10.3. PrimeXBT is not liable for any losses incurred due to these risks.
Warning: If you disagree with any part of these Terms and Conditions, or do not wish to be bound by them, refrain from accessing or using PrimeXBT Services. If you have already registered and accessed our services, you must inform us of your objection in writing immediately.
2. DEFINITIONS & INTERPRETATION
2.1. In this Agreement, the following terms, defined in this section unless contextually introduced earlier in the Agreement, shall have the meanings ascribed to them as follows:
2.1.1. “Account” / “Client Account” / “User Account”: These terms are synonymous and represent the Client’s unique account on the PrimeXBT Platform, accessible via specific Client credentials. This account is used for managing all Client Transactions and Orders, requiring a fund deposit to begin Transactions.
2.1.2. “Agreement”: This term refers to the current Agreement and includes any Annexes and/or Appendices, subject to amendments or replacements over time.
2.1.3. “Client”: Any individual or entity who has completed registration and account opening on https://primexbt.com, agreeing to the terms during the Account registration process.
2.1.4. “Company”: Prime XBT Trading Services Ltd, registered in the Republic of the Marshall Islands under No. 120813, with its office at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960.
2.1.5. “Crypto Futures”: These are financial derivatives allowing speculation on future cryptocurrency prices, valued based on underlying digital currencies like Bitcoin (BTC), Ethereum (ETH), etc.
2.1.6. “Derivative Products”: Financial instruments valued based on one or more underlying assets.
2.1.7. “Global Market Products”: Traditional Market Products traded on a global scale, including Stocks, Indices, and CFDs in such products.
2.1.8. “KYC”: The Know Your Customer documentation and procedures that the Company requires for client identification and registration, including passports, ID cards, utility bills, and other necessary documents as per the law.
2.1.9. “Leveraged Products”: These are Derivative Products available on the Trading Platform, categorized for informational and marketing purposes, including but not limited to CFDs and Forex. They are traded on margin and carry a high risk of capital loss.
2.1.10. “Margin”: The required funds guarantee to place and maintain an open position in Leveraged Products.
2.1.11. “Market Manipulation”: Intentional activities aimed at artificially influencing supply, demand, or market conditions of financial instruments. This includes fraudulent practices like Pump and Dump, Wash Trading, Self-Trading, Front Running, Quote Stuffing, Spoofing, and Structuring/Layering.
2.1.12. “Order”: A Client instruction for a Transaction in Leveraged Products via the Trading Platform, executed as closely as possible to the requested price, subject to market conditions.
2.1.13. “Restricted Jurisdiction”: Jurisdictions where PrimeXBT does not provide services or accept clients, listed in the Restricted Jurisdiction section on the PrimeXBT website.
2.1.14. “Services”: The offerings provided by PrimeXBT to Clients, including but not limited to, executing Orders and Transactions via the Website, Client Account, and Trading Platform.
2.1.15. “System(s)”: All electronic or digital channels through which the Company provides access to its Trading Platform and Services, possibly including the Platform itself.
2.1.16. “Trading Platform”: PrimeXBT’s comprehensive online trading system, consisting of computer hardware, software, databases, telecommunications, mobile applications, and other technical facilities providing real-time market information, analysis tools, transaction execution, order placement and management, company notifications, and record-keeping of all transactions and mutual obligations between the Client and the Company. The Company may offer multiple platforms with various features.
2.1.17. “Transaction / Order”: Any Leveraged Products or Virtual Assets transaction executed on behalf of the Client as per this Agreement.
2.1.18. “Underlying Asset(s)”: The primary asset or security that determines the value of a derivative or financial instrument, linked to the price movements or characteristics of the underlying asset.
2.1.19. “Virtual Asset(s)” (crypto assets): Digital or virtual value representations that can be traded, transferred, or used for payment, excluding digital representations of fiat currencies. Cryptocurrencies, decentralized and based on blockchain and cryptography, fall under this category.
2.1.20. “Website”: Refers to the Company’s website or any other site with similar functionality, or any other website the Company operates from time to time.
3.BECOMING A CLIENT & REGISTERING FOR AN ACCOUNT
3.1. Registering and successfully opening an account on the PrimeXBT Website or through its mobile application makes you a PrimeXBT Client. By becoming a Client, you confirm, declare, and assure that:
3.1.1. You have fully understood and accepted the PrimeXBT Terms and Conditions and Policies, including our Crypto Futures Terms of Use and our Fiat Exchange Service Provider’s Terms & Conditions and Policies;
3.1.2. You are aware that, in cases of inconsistency between this Agreement and the aforementioned documents and policies, the latter will prevail in relation to the respective Services.
3.1.3. You fulfill all Eligibility Requirements to be a PrimeXBT Client:
3.1.3.1. You are of legal age and mentally capable to enter into this Agreement (minimum age 18),
3.1.3.2. If representing a Legal Entity, you have full authorization and legal capacity to use the Website and enter a binding agreement with PrimeXBT;
3.1.3.3. Entering this Agreement does not conflict with any law or regulation in your domicile/residence country, or any other agreement you are part of;
3.1.3.4. You haven’t been previously barred or removed from using PrimeXBT Services or those of its Fiat Exchange Service Provider;
3.1.3.5. You are neither located in nor a resident/citizen of any Restricted Jurisdiction;
3.1.3.6. You don’t have an existing PrimeXBT Account.
3.1.4. You legally own the funds in your PrimeXBT Account, originating from legitimate sources;
3.1.5. Utilizing the Services complies with the laws of your domicile country;
3.1.6. You understand the risks in trading Leveraged Products with PrimeXBT, including total investment loss and financial setbacks due to order execution delays, system failures, and unforeseen events;
3.1.7. You will refrain from any Market Manipulation. Suspected or confirmed manipulation may lead to account suspension/termination and further investigation;
3.1.8. You will provide true, up-to-date, accurate information/documentation as required by PrimeXBT for KYC purposes;
3.1.9. Any withdrawal accounts or cryptocurrency wallet addresses provided by you are under your control;
3.1.10. You are not a resident of, nor incorporated in, a jurisdiction where using the Services would be illegal. PrimeXBT reserves the right to close your accounts and liquidate positions if false representations about your location or status are found;
3.1.11. You have no other active accounts with PrimeXBT.
3.2. While using PrimeXBT’s Systems and Services, you pledge to:
3.2.1. Not compromise the integrity and security of PrimeXBT’s or its third-party hosts’ computing systems and networks;
3.2.2. Not misuse the Services in a way that impairs their functionality, or affects other users’ ability to use the Services or Website;
3.2.3. Avoid unauthorized access to the Website’s systems or servers, or any restricted materials;
3.2.4. Not upload harmful files or offensive material to the Website, or violate any law, including copyright or trade secrets;
3.2.5. Not attempt to modify, copy, or reverse engineer any computer programs used for delivering the Services or operating the Website beyond their intended use.
3.3. You are responsible for keeping your Website and Account login information secure and confidential:
3.3.1. Immediately inform PrimeXBT of any unauthorized use of your credentials or security breaches;
3.3.2. Adhere to PrimeXBT’s procedures for Systems, Account security, and transaction authentication;
3.3.3. Use PrimeXBT Accounts solely for personal or, in the case of Legal Entities, authorized use. Accounts suspected of unauthorized use may be suspended or terminated;
3.3.4. Ensure to log out from your PrimeXBT Account after each session.
3.4. PrimeXBT may conduct identity verification for AML-CFT compliance, imposing trading and withdrawal limits until Customer Due Diligence (CDD) is completed. You agree to provide necessary documentation and update personal information promptly. PrimeXBT isn’t liable for losses due to incorrect or outdated information provided by you.
3.5. PrimeXBT may verify your identity through investigations or third-party assistance, retaining collected information for up to five years post-relationship.
3.6. PrimeXBT reserves the right to deny service to any Client who does not comply with these requirements.
4. SERVICES
4.1. By accepting these Terms and Conditions, you are granted a revocable, limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to access and use the Services offered by PrimeXBT.
4.2. Clients are limited to one unique Client Account with PrimeXBT at any given time.
4.3. PrimeXBT provides access to trade various financial instruments, including Leveraged Products, in Global Markets and Crypto-Futures Products, as featured on the PrimeXBT Trading Platform. Transactions are conducted based on the procedures in this Agreement on an execution-only basis. PrimeXBT does not manage Client Accounts or portfolios and does not offer investment or financial advice. Responsibility for the success of transactions lies solely with the Client.
4.4. PrimeXBT provides Copy-Trading Services for the aforementioned products through its Trading Platform, using Proprietary Technology from Covesting International Limited, registered in Gibraltar (No. 116778). Your use of Copy-Trading Services is governed by our Copy-Trading Terms and Conditions.
4.5. The Copy-Trading Services enable you to mirror the trading strategies of other traders, under the following conditions:
4.5.1. Past performance of Featured Traders is not indicative of future results.
4.5.2. Historical performance data may not accurately predict future performance.
4.5.3. Trading in financial markets is high-risk and may lead to total loss of investment capital.
4.5.4. Financial markets can be volatile, with rapid price changes.
4.5.5. Market conditions and unforeseen events can affect asset prices.
4.5.6. Diversification does not eliminate risk entirely.
4.5.7. You bear responsibility for assessing the suitability of copy trading for your circumstances.
4.5.8. You may incur losses exceeding your initial investment.
4.5.9. The Copy-Trading Services are not personalized investment advice.
4.5.10. Traders you copy may use varying levels of leverage, heightening risks.
4.5.11. Availability of Traders and opportunities can change.
4.5.12. Regular monitoring and strategy adjustment may be necessary.
4.5.13. PrimeXBT is not responsible for losses incurred through copy trading.
4.5.14. Ensure compliance with local laws and regulations regarding copy trading.
4.5.15. Seek professional advice if uncertain about copy trading aspects.
4.6. Clients can have one Client Account but must register separate sub-accounts for Global Markets and Crypto-Futures, sharing the same Client ID across bank accounts and wallets.
4.7. PrimeXBT does not directly provide Crypto-Fiat Exchange Services. These are offered by our Fiat Exchange Service Provider.
4.8. PrimeXBT is not obligated to monitor Transactions, make margin calls, or close positions unless specified in this Agreement or other Website documentation.
4.9. PrimeXBT does not offer investment advice, consulting, or portfolio management. Communications and information on the Website and Trading Platform are General/Marketing Information, not investment advice. Clients must independently assess risks and make informed decisions.
4.10. PrimeXBT only facilitates Trade activities/Order Placement on an execution basis. No trust or advisory services are provided, and PrimeXBT is not liable for transactions conducted through the Account.
4.11. Each registered Client is the sole authorized user of PrimeXBT’s Services and Account. Access and use rights are exclusive and non-transferable.
4.12. Clients are liable for all Orders placed through the Trading Platform. PrimeXBT is not liable for any third-party involvement related to the Client’s Orders or positions.
4.13. PrimeXBT will not consider third-party actions on behalf of a Client and holds no liability to such third parties.
4.14. Leveraged Products are derivatives and do not result in ownership or rights in the underlying instrument. No physical delivery occurs for these products.
4.15. PrimeXBT serves as the sole execution venue for Transactions under this Agreement, although Orders may be transmitted to third-party liquidity providers.
5. PROHIBITED ACTIONS
5.1. You are strictly forbidden from using PrimeXBT services for the benefit of other individuals or entities, whether legal or natural, for resale, or commercial purposes.
5.2. The following activities are expressly forbidden when utilizing PrimeXBT Services:
5.2.1. Any acts intended to circumvent laws and regulations, especially those related to Money Laundering and Countering the Financing of Terrorism.
5.2.2. Actions that harm public interests or the rights of others, particularly those that disrupt or interfere with other clients’ use of PrimeXBT Services and Systems.
5.2.3. Actions aimed at or resulting in Market Manipulation.
5.3. Without explicit written consent from PrimeXBT, it is forbidden to alter, reproduce, copy, download, store, transmit, distribute, transfer, disassemble, broadcast, publish, remove, or modify any copyright notices. You must not license, sub-license, sell, mirror, lease, private label, create derivative works of, or exploit any part of PrimeXBT’s properties.
5.4. Prohibited activities include, but are not limited to:
(a) Using advanced techniques like deep linking, web crawlers, or automated programs to access, replicate, or monitor any part of PrimeXBT Services;
(b) Unauthorized access to any part or function of PrimeXBT Services or networks;
(c) Probing or testing the vulnerability of PrimeXBT Services or any connected network;
(d) Tracking or seeking information on other users;
(e) Overloading PrimeXBT’s infrastructure;
(f) Interfering with the operation of PrimeXBT Services;
(g) Falsifying identities to misrepresent the source of messages or transmissions;
(h) Illegal use of PrimeXBT Services.
5.5. By accessing PrimeXBT Services, you recognize that PrimeXBT can investigate any potential violations of these Terms. Should you breach these terms, PrimeXBT may take actions like blocking and closing orders, freezing your account, reporting to authorities, publicizing the violations, or deleting any offending content.
6. RISK DISCLOSURES
6.1. In utilizing PrimeXBT’s Services, you acknowledge, understand, and accept the following risks:
6.1.1. Trading in Leveraged Products is highly speculative and risky, suitable only for those who are aware of and financially prepared for substantial losses.
6.1.2. Leveraged Products are unsuitable for retirement funds. You confirm that you understand these risks and are financially capable of bearing them without significantly impacting your quality of life.
6.1.3. High leverage can result in rapid losses due to market volatility. Clients must maintain minimum Margin requirements and monitor their accounts. PrimeXBT may liquidate positions if Margins are not maintained.
6.1.4. Prices on the Trading Platform may differ from open market prices. Margin setting and collection are at PrimeXBT’s discretion.
6.1.5. Marketing Communications are solely informational. PrimeXBT is not a financial advisor, and its recommendations are not investment advice.
6.1.6. No central market or clearinghouse guarantee exists for Transactions with PrimeXBT.
6.1.7. There are no profit guarantees or protection from losses in Leveraged Product trading.
6.1.8. Market conditions or technical issues might prevent opening or closing positions at desired levels.
6.1.9. Service interference or malicious attacks can disrupt Transactions or funds transfers. PrimeXBT is not liable for such events.
6.2. These Risk Disclosures supplement the Risk Disclosure Statement available on the Website, which must be read, understood, and accepted before registering a Client Account and trading with PrimeXBT.
7. FEES, COMMISSIONS, AND CHARGES
7.1. Access to PrimeXBT’s services and conducting trading and non-trading operations under this Agreement incurs various Fees, including trade commission, margin financing, and deposit/withdrawal charges. The Fee Schedule is consistently accessible on the Website.
7.2. PrimeXBT imposes a commission for depositing/withdrawing funds. The commission amount varies based on factors like the transaction amount, type, currency, and payment/withdrawal method.
7.3. Fees associated with placing Orders in Leveraged Products may be a percentage of the Order’s value. Clients are responsible for understanding the applicable Fees and their calculation.
7.4. Refunds of Client funds adhere to the Withdrawal and Refund Policy, forming a crucial part of this Agreement. Refunds might incur administrative fees as specified in the Refund Policy.
7.5. PrimeXBT reserves the right to modify its Fees and Commissions without prior notice to the Client.
8. MARGIN & LEVERAGED TRADING
8.1. Margin is required for placing Orders in Leveraged Products. Without sufficient Margin, Leveraged Orders cannot be executed. Margin, whether Fiat or Cryptocurrency, is held in designated Client Fund Accounts with the corresponding Client ID.
8.2. Clients must maintain necessary Margin in their Accounts or sub-accounts to use PrimeXBT’s Services and keep leveraged positions open. PrimeXBT may alter Margin requirements without prior notice, and these may vary across different Orders and Products.
8.3. All Margin held by PrimeXBT serves as security for any obligations or liabilities to PrimeXBT. Except as instructed by the Client or authorized under these Terms, PrimeXBT will not use Margin allocated to a Client Account.
8.4. PrimeXBT may commingle Client Margin with other Clients’ or PrimeXBT’s funds or Virtual Assets, while keeping Client assets segregated from PrimeXBT’s own assets.
8.5. PrimeXBT may aggregate Client Orders, allocating assets at its discretion. As a principal in Transactions, PrimeXBT may act to limit its liability/exposure.
8.6. PrimeXBT can liquidate Client positions or withdraw funds without notice to maintain required Margin, satisfy payment obligations to PrimeXBT, or prevent excessive Negative Balance.
8.7. In case of system failures or incorrect position calculations, PrimeXBT may close positions or withdraw funds as deemed fit. Refunds are processed per the Withdrawal and Refund Policy.
8.8. Clients acknowledge potential tax implications of Margin trading and bear full responsibility for tax reporting and payments. PrimeXBT is not responsible for tax collection, reporting, or payment related to Margin Trading.
9. FUTURES TRADING
9.1. To participate in Futures Trading, you must create a Crypto-Futures Trading Sub-Account with PrimeXBT. By registering, you confirm that:
9.1.1. You comprehend the inherent high risks of Futures Trading, including significant value fluctuations in Virtual Assets and amplified risks due to leverage.
9.1.2. You possess adequate investment knowledge and experience to bear Futures Trading risks and accept full responsibility for these risks.
9.1.3. Prior to Futures Trading, you have reviewed the PrimeXBT Futures Trading Services Terms of Use and relevant policies, and have consulted professionals to make informed decisions.
9.1.4. You authorize PrimeXBT to implement necessary measures, such as forced liquidation or position reduction, in alignment with its Terms of Use and Policies to safeguard the interests of all Futures Trading Participants.
10. FIAT EXCHANGE SERVICES
10.1. PrimeXBT does not directly offer Fiat Exchange Services. These services, which include fiat-to-crypto and crypto-to-fiat exchanges, may be accessible through PrimeXBT’s Website or Systems.
10.2. Fiat Exchange Services on the Website are provided by a third-party service provider (“Fiat Exchange Service Provider”), partnered with PrimeXBT.
10.3. To use Fiat Exchange Services, you must agree to the terms and conditions of our Fiat Exchange Service Provider and may need to create an account with them, fulfilling registration and identity verification requirements.
10.4. All aspects of Fiat Exchange Services, such as cancellations or refunds, are governed by the terms of the Fiat Exchange Service Provider.
10.5. Fiat Exchange Services are provided by Baksta UAB, a Lithuanian company authorized to collaborate with third-party service providers for such services.
10.6. By agreeing to PrimeXBT’s terms, you also accept the terms and conditions provided by Baksta UAB.
11. CONFIDENTIALITY AND PERSONAL DATA
11.1. PrimeXBT may gather client information from various sources, including credit agencies and third-party service providers.
11.2. The PrimeXBT Privacy Policy, always accessible on the Website, forms a fundamental part of this Agreement. By registering an account, you agree to the Privacy Policy terms.
11.3. Client information is confidential and used only for service provision, research, statistical analysis, and marketing, except for publicly available or already possessed information.
11.4. PrimeXBT may disclose client information in specific circumstances:
11.4.1. As required by law or court order;
11.4.2. Upon request from regulatory authorities;
11.4.3. To prevent fraud or illegal activities;
11.4.4. For executing client instructions;
11.4.5. For credit checking, fraud prevention, and due diligence purposes;
11.4.6. To professional advisors under confidentiality obligations;
11.4.7. To service providers for database maintenance and client communication;
11.4.8. For statistical marketing improvements;
11.4.9. To market research firms for service enhancement surveys;
11.4.10. For legal defense or rights exercise;
11.4.11. Upon client request or consent;
11.4.12. To PrimeXBT Affiliates;
11.4.13. To any company successor or buyer;
11.5. KYC and personal data may be shared with Affiliate or Partner companies, including the Fiat Exchange Service Provider, under data transfer agreements.
12. COMMUNICATION WITH CLIENTS
12.1. Communication from us will be through your registered email, telephone, or messages within your Account. Our contact details are on the Website. Communications from you are effective upon receipt by us. Ensure you read all communications we send via any method.
12.2. Notify us of any changes in your contact details.
12.3. English is our official language. Information in other languages is for convenience; the English version is legally binding.
12.4. Communications from PrimeXBT are for you only. Keep this information private and confidential.
13. REPRESENTATIONS AND WARRANTIES
13.1. You affirm you can access and use the Website, and that your jurisdiction permits use of PrimeXBT’s Services and legally binding agreements with us.
13.2. Use the Website, Trading Platform, and Services at your risk. PrimeXBT isn’t liable for any damages from your use.
13.3. Website information is general and given in good faith. Use it at your risk; PrimeXBT isn’t liable for any losses or damages from your reliance on this information.
13.4. We don’t guarantee uninterrupted or error-free access to the Website. PrimeXBT isn’t responsible for any issues preventing your access or use, nor any resulting losses.
13.5. No warranty is given for the Website, including suitability for your purposes. All implied warranties are excluded to the extent permissible by law.
13.6. PrimeXBT acts as an independent contractor, not your agent. These Terms don’t create an association, joint venture, partnership, or franchise between us.
13.7. PrimeXBT may modify these Terms. Changes are effective immediately upon posting. Regularly review our websites for updates. Discontinue use if you disagree with modifications.
13.8. You commit not to engage in illegal activities, including money laundering or dealing with prohibited countries.
13.9. PrimeXBT denies liability for the Website’s performance in an online environment.
13.10. PrimeXBT isn’t liable for slow Internet operation or disruption affecting the Website.
13.11. All trades are final. PrimeXBT isn’t liable for trade outcomes or order execution.
13.12. PrimeXBT may liquidate positions at any time, irrespective of profit or loss status.
13.13. PrimeXBT makes no service guarantees. We aren’t liable for losses from using our Service.
14. INDEMNITY AND LIMITATION OF LIABILITY
14.1. Indemnify PrimeXBT against liabilities arising from your actions under this Agreement. This survives Agreement termination.
14.2. PrimeXBT isn’t liable for direct or indirect losses unless due to gross negligence, willful default, or fraud.
14.3. We aren’t liable for missed opportunities or asset value decreases unless due to gross negligence, willful default, or fraud.
14.4. PrimeXBT isn’t liable for misrepresentation, errors in judgment, or omissions unless resulting from gross negligence, willful default, or fraud.
14.5. We aren’t liable for the actions or insolvency of third parties involved in transactions.
14.6. PrimeXBT isn’t responsible for issues affecting website or service access, nor for losses from using the website or services.
14.7. Our liability is limited. We aren’t liable for indirect, incidental, consequential, or punitive damages related to the Website or Services.
14.8. Verify legality of transactions and Services. You’re solely responsible for legal obligations and risks.
14.9. Secure your account credentials. You’re responsible for unauthorized or irregular account use.
14.10. You bear responsibility for decisions made based on Website content. PrimeXBT isn’t liable for profit losses or other damages.
14.11. PrimeXBT’s liability is limited to the amount deposited for the transaction causing liability, in case of a court ruling.
15. FORCE MAJEURE
15.1. PrimeXBT is not responsible for any harm to Clients caused by force majeure events or external events beyond PrimeXBT’s control. This includes no liability for communication delays or Internet failures due to issues with telephone companies, telecommunication lines, ISP computers, PrimeXBT’s or the Client’s computers.
15.2. PrimeXBT may declare force majeure under circumstances such as (but not limited to):
15.2.1. Events causing market destabilization or affecting prices of assets, including strikes, riots, terrorism, wars, natural disasters, power outages, communication or technology failures, quote stream interruptions, or liquidity provider issues.
15.2.2. Suspension, liquidation, or discontinuation of underlying instruments or market restrictions.
15.3. In the event of force majeure, PrimeXBT may without prior notification:
15.3.1. Cancel Transactions or Orders affected by the force majeure.
15.3.2. Suspend or amend the Agreement’s provisions as necessary.
15.3.3. Act or refrain from acting in ways deemed appropriate under the circumstances.
15.3.4. PrimeXBT is not liable for failure to fulfill obligations if hindered by force majeure.
16. DURATION AND TERMINATION OF THE AGREEMENT
16.1. This Agreement is effective indefinitely upon acceptance during the Account registration process.
16.2. In case of discrepancies between the English Agreement text and translations, the English version prevails.
16.3. Termination can occur in several ways:
16.3.1. Either Party may terminate with 15 days’ written notice. PrimeXBT may limit services during this period, but will allow account withdrawal.
16.4. PrimeXBT can immediately terminate the Agreement and close positions without notice in cases such as:
16.4.1 to 16.4.15: Client death, insolvency, violations of the Agreement, underage or residence in a restricted jurisdiction, suspected fraud or manipulation, abusive conduct, failure to provide KYC documents, use of different IP addresses or high-frequency trading software to manipulate the system, suspicious transactions, or owning multiple active accounts.
16.4. PrimeXBT may also terminate if:
- Required by law.
- The Client verbally abuses employees.
- The Client refuses KYC requests.
- The Client uses VPNs or different IPs for transactions.
- A chargeback is initiated on the account.
- The Client engages in high-frequency trading to exploit PrimeXBT’s systems.
- Funds or accounts are used to fund third-party accounts in violation of the Agreement.
- Suspicious activities or violations of terms are suspected.
17. ASSIGNMENT
17.1. This Agreement is personal to you, the Client. You are not permitted to assign or transfer any of your rights or duties under this Agreement. PrimeXBT may transfer its rights or duties to a third party at any time.
18. GOVERNING LAW
18.1. This Agreement and all related matters, including disputes and interpretation, are governed by the laws of the Republic of the Marshall Islands (RMI).
18.2. Both PrimeXBT and the Client irrevocably submit to the jurisdiction of the RMI judiciary for resolving disputes related to this Agreement.
19. SEVERABILITY
19.1. If any part of this Agreement is deemed invalid or unenforceable by a competent court, the rest of the Agreement remains effective. The parties will endeavor to find alternative means to achieve the same objectives as the invalid or unenforceable parts.
19.2. The intention of the parties is to uphold the remaining terms of the Agreement, even if certain parts are declared invalid, illegal, void, or unenforceable.
20. INTELLECTUAL PROPERTY
20.1. PrimeXBT owns exclusive intellectual property rights over its content, trademarks, and logos, protected by copyright laws and international treaties. Clients agree not to remove copyright notices from materials received or downloaded from PrimeXBT.
20.2. You will not acquire any intellectual property rights in PrimeXBT’s materials or website, except as expressly set out in this Agreement. Images on PrimeXBT’s website are its property or used under permission.
20.3. Do not distribute content protected by intellectual property laws without the owner’s consent and PrimeXBT’s written permission.
20.4. By posting content about PrimeXBT online, you grant PrimeXBT a royalty-free, perpetual license to use, adapt, and distribute that content worldwide.
21. TAXES
21.1. PrimeXBT is not a tax agent and won’t provide financial information to third parties unless required by government authorities. You are responsible for adhering to the tax laws of your residency concerning all transactions.
22. CONTACTING US
22.1. For inquiries about this Agreement, contact us at [email protected].